Certificate-of-need appeals report [May 2002]

DCH Division of Health Planning

OFFICE OF GENERAL COUNSEL
Georgia Department of Community Health
CERTIFICATE OF NEED
APPEALS REPORT
through May 31, 2002
Georgia Department of Community Health Office of General Counsel 2 Peachtree Street 40TH Floor Atlanta, Georgia 30303-3159 (404) 656-0655 (404) 656-0654 fax
www.communityhealth.state.ga.us

EHCA Peachtree, LLC 2000-42 County: Coweta Description: Replace/Relocate Existing Facility Date of Division Decision: Approved 12-12-00. Appealed By: Newnan Hospital, Intervenor 01-09-01. Hearing Officer has consolidated appeal hearing with Newnan Hospital case. Hearing Officer: Jordon E. Lubin, Esq. Hearing Date: 08-27-01. through 08-30-01. Hearing continued to 10-03-01 status conference. New Hearing Date set, 01-14-02 01-17-02. Motion for Summary Judgment Hearing Held 12-14-01. Application Remanded to Department by Hearing Officer Order 01-16-02. Remand Decision issued by Department approving applicant for 48 beds 0416-02. Remand Hearing Date Pending. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

Newnan Hospital, Inc. 2000-50 County: Coweta Description: Replace Existing Facility Date of Division Decision: Approved 01-05-01. Appealed By: Emory Peachtree Regional Hospital, Intervenor 02-03-01. Hearing Officer has consolidated appeal hearing with EHCA Peachtree Hospital case. Hearing Officer: Jordon E. Lubin, Esq. Hearing Date: 08-27-01. through 08-30-01. Hearing continued to 10-03-01 status conference. New Hearing Date set, 01-14-02 01-17-02. Motion for Summary Judgment Hearing Held 12-14-01. Hearing Held 01-14-02 01-15-02. Hearing Decision: Hearing Officer affirmed award of CON 03-24-02. Review Board Decision: EHCA Peachtree Regional appealed to full Review Board 04-2602. Full Review Board to meet 07-01-02. Appealed to Superior Court: N/A

EHCA, LLC d/b/a Emory Johns Creek Hospital 2000-65 County: Fulton Description: Establish a 110-bed acute care hospital by consolidation and replacement Date of Division Decision: Approved 03-02-01. Appealed By: Georgia Baptist Health Care System & Baptist Medical Center (Intervenor) 03-28-01; Gwinnett Hospital System, Inc. d/b/a Gwinnett Medical Center and Joan

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Glancy Memorial Hospital (Intervenor) 03-30-01; St. Joseph's Hospital of Atlanta (Intervenor) 03-28-01; North Fulton Medical Center, Inc. d/b/a North Fulton Regional Hospital (Intervenor) 03-26-01. Hearing Officer: Melvin M. Goldstein, Esq. Hearing Date: 09-10-01. thru 09-14-01. Motion for Summary Judgment Hearing 08-30-01. Hearing Decision: Hearing Officer Affirmed Award of CON 12-24-01. Gwinnett, St. Joseph's and North Fulton filed Objections to Hearing Officer Decision to full Review Board. Review Board Hearing Set for 03-11-02. Review Board Decision: Adopted Hearing Officer Decision 03-14-02. Appealed to Superior Court: St. Joseph's petitioned for judicial review in Fulton County Superior Court 04-12-02. Gwinnett petitioned for judicial review in Gwinnett County Superior Court 04-10-02.

Satilla Regional Medical Center 2001-14 County: Ware Description: Establish Adult Open Heart Surgery Services. Date of Division Decision: Denied 08-24-01.. Appealed By: Applicant 09-20-01; South Georgia Medical Center (Intervenor) 09-20-01. Hearing Officer: Melvin M. Goldstein, Esq. Hearing Date: 02-20-02 02-22-02; 02-25-02. Hearing Continued to 03-11-02. Hearing Decision: Hearing Officer Issued Order reversing Department decision and awarding a CON for adult open heart surgery to Satilla 06-06-02. Review Board Decision: N/A Appealed to Superior Court: N/A

Northside/Alpharetta Outpatient Surgery Center 2001-035 WellStar Kennestone East Cobb Ambulatory Surgery Center 2001-043 Gwinnett Outpatient Center at Mill Creek 2001-048 County: Fulton; Cobb; Gwinnett Description: Establish free-standing ambulatory surgery centers.. Date of Division Decision: All three projects approved 10/10/01. Appealed By: EHCA Eastside, LLC (Intervenor) appealed Gwinnett; Baptist Medical Center (Intervenor) appealed Northside; North Fulton Medical Center (Intervenor) appealed all three applicants. Hearing Officer: Ellwood F. Oakley, III, Esq. Hearing Date: 02-04-02 02-08-02. Hearing Decision: Hearing Officer issued Order reversing Department decision as to all three applicants and rescinding award of CON to all three applicants 04-29-02. Review Board Decision: No party appealed to full Review Board. Appealed to Superior Court: N/A

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Decatur Health Imaging, LLC 2001-42 County: Dekalb Description: Establish PET services in a free-standing imaging center . Date of Division Decision: Denied 09-28-01. Appealed By: Applicant 10-29-01. Hearing Officer: Jordan E. Lubin, Esq. Hearing Date: Department and Applicant reached settlement agreement awarding CON to applicant; Settlement Agreement signed by Hearing Officer 06-12-02. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

WELLSTAR KENNESTONE HOSPITAL 2001-61 County: Cobb Description: Establish Adult Open Heart Surgery Program . Date of Division Decision: Approved 12-14-01. Appealed By: Piedmont Hospital, Inc. 01-09-02 (Intervenor) and Saint Joseph's Hospital of Atlanta 01-09-02 (Intervenor). Hearing Officer: Jordan E. Lubin, Esq. Hearing Date: May 6-10, 2002 Hearing Decision: Pending Review Board Decision: N/A Appealed to Superior Court: N/A

SCOTTISH RITE CHILDREN'S MEDICAL CENTER, INC. 2001-69 County: Gwinnett Description: Establish Ambulatory Surgery Service at Satellite Clinic. Date of Division Decision: Approved 01-02-02. Appealed By: Gwinnett Hospital System (Gwinnett Medical Center, Joan Glancy Memorial Hospital) 01-29-02 (Intervenor). Hearing Officer: Walter Van Heiningen, Esq. Hearing Date: Intervenor dismissed request for appeal 06-07-02. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

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PIEDMONT HOSPITAL 2001-90 County: Fulton Description: Construct an off-site outpatient diagnostic center Date of Division Decision: Approved 01-28-02. Appealed By: West Paces Imaging Associates, LP d/b/a HEALTHSOUTH Diagnostic Center of Buckhead (Intervenor). Hearing Officer: Clifford M. Weiss, Esq. Hearing Date: Intervenor withdrew request for appeal 05-01-02. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

STONECREST MEDICAL CENTER 2001-82 DEKALB MEDICAL CENTER AT HILLANDALE 2001-71 County: Dekalb Description: Construction and Establishment of a new 100-bed hospital Date of Division Decision: Dekalb approved and Stonecrest denied 02-13-02. Appealed By: Stonecrest as denied applicant; EHCA Northlake Medical Center (Intervenor); Emory Eastside Medical Center (Intervenor); Rockdale Hospital (Intervenor in opposition to Stonecrest). Motion for Summary Judgment filed by Stonecrest 05-1002. Hearing Officer: Ellwood F. Oakley, III, Esq. Hearing Date: August 19-23, 2002. Motion for Summary Judgment Hearing 07-09-02. Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

STAFF BUILDERS HOME HEALTH CARE, INC. 2001-99 County: Cherokee et al. Description: Expansion of service area of existing home health agency to Cherokee, Clayton, Fayette, Forsyth, and Henry counties. Date of Division Decision: Denied 03-06-02. Appealed By: Staff Builders as denied applicant.

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Hearing Officer: Pending Hearing Date: Pending Hearing Decision: N/A Review Board Decision: N/A Appealed to Superior Court: N/A

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